the Louisiana 2A Legislation blog

The 2010 Regular legislative session ended June 21st  and with few exceptions was most notable for its lack of inspired leadership from any quarter on nearly every issue.  It was however a very good year for firearm owners through the efforts of a handful of common sense legislators, the Louisiana Shooting Association (LSA) and the National Rifle Association (NRA).

As mentioned in prior postings, below is a summary of those firearm related bills that went the distance though many are still subject to gubernatorial veto until early July.    Keep in mind that while all of the following bills have passed the legislative process, most are not effective until August 15, 2010.  This is especially important with respect to HB556 relating to the 1,000’ firearm-free zone around schools.  As a hint, if there is a bill number and an Act number in the description of the bill, it means the governor has signed the bill and we are just awaiting the effective date.  Bills lacking an Act number have not been signed but may still become law by the passage of time even without the governor’s signature.  I don’t look for any of those to be vetoed, but it remains a procedural possibility.

HB 16/Act 341 – Rep. Wooton.  Clarifies that instructors teaching the Louisiana concealed carry course are either certified as POST instructors or are certified in either the NRA Basic Pistol or Personal Protection disciplines.  This bill was endorsed by the LSA.

HB 60 / Act 346 – Rep. Wooton.   Mandates that Louisiana will not recognize non-resident out of state permits issued by states such as Florida and Utah.  Louisiana will continue to recognize resident permits issued by any state with which there is current reciprocity.  Those Louisiana residents who are carrying under the provisions of an out of state permit will have one year to obtain the LA resident permit or suspend their concealed carry.  This bill was endorsed by the LSA.  Despite the hysterics and conspiracy theorists frankly it was going to pass either way since it was requested by the Louisiana State Police.

HB141/Act353 – Rep. Wooton.  Provides for the electronic filing of certain possession or transfer forms which are required for certain firearms.  This is NOT “gun registration” as some have speculated but rather an improved means by which some transactions (Class III) may be expedited.  It will not affect the routine over-the-counter transactions most gun owners are familiar with.  This bill was endorsed by the LSA.

HB158/Act354 – Rep. Wooton.  Clarifies the disqualification standards for CCH permit applicants.  An applicant may not have had a permit denied within the year prior to the current application nor may an applicant have had a permit revoked within the preceding four years.  Also clarifies that an expungement of a felony conviction is also grounds for disqualification.  This bill was endorsed by the LSA.

HB172/Act 29 – Rep. Henry.  Clarifies that electronic sights such as Aimpoints, Eotechs, etc., may be used during deer season provided such sights to not project a beam or image onto the target nor do they enhance the shooter’s vision.  This bill was filed at the request of the LSA.

HB235/Act239 – Rep. Wooton.  Provides that retiring deputy sheriffs and police officers with at least 20 years of service may purchase their issued sidearm at fair market value.

HB348 – Rep. Lorusso.  Increases the penalty for felon in possession of a firearm to not less than 10 nor more than 20 years at hard labor.  Adds the new penalty of attempted felon in possession of a firearm to not more than seven and one-half years.

HB556 – Rep. Wooton.  Provides that valid CCH permit holders may enter the 1,000’ “firearm-free” zone around schools but requires that they remain off of school property.  For the general public, the zone remains in full effect.  This bill was filed at the request of the LSA.

HB569/Act254 – Rep. Carmody.  Provides that on private property the landowner, his lessee or agent with written permission and the landowner’s contact information in his possession may take outlaw quadrupeds, nutria or beaver during nighttime hours from one-half hour after sunset on the last day of February to one-half hour on the last day of August.  The method of taking shall be a shotgun not larger than a 10 gauge with buckshot or smaller or a standard .22 rimfire firearm which may be fitted with artificial light, infrared or laser sighting devices or night vision devices.  A word of caution here for those opting to hunt under these provisions.  Enforcement agents are justifiably concerned that this legislation may increase the poaching of deer and other animals not covered under the new law. Therefore they will be strict in their enforcement of the requirements that you have written permission to hunt on the land they may find you on.

 HB874/Act100 – Rep. Harrison.  Provides that true stamps as previously required for hunting of duck or turkey will not be issued and instead hunters will have to purchase a license.  Commemorative duck and turkey stamps will still be produced and available for collectors.

HB878/Act289 – Rep. St. Germain.  Provides that out-of-state college students attending school in Louisiana may obtain hunting licenses at resident rates regardless of whether their home state has a reciprocal agreement with Louisiana.

HB884/Act292 – Rep. St. Germain.  Provides that a developmentally disabled person who is unable to complete the required hunter safety course may be issued a restricted hunter safety certificate which will allow them to hunt when under the direct supervision of another person who is 18 or older and who also has a valid hunting license or proof of successful completion of the traditional hunter safety course.

HB1260 – Rep. Hazel.  Removes the previous ability for a convicted felon to petition the sheriff to posses a firearm.

HB1272 – Rep. Burns.  Provides that “fixed case marking projectiles” may be used instead of live ammunition for qualification purposes for the CCH permit.  Also extends the time period newly issued CCH  permits to five (5) years for $125.00.  Most significantly it allows the carry of concealed handguns in churches and similar places of worship but only if ALL the following conditions are met: 1) the person posses a valid CCH permit, 2) they individually be granted permission by the governing body of the church to carry concealed, 3) on an annual basis they receive eight (8) hours of “tactical training”.  For all other CCH holders, churches remain off limits.  The bill does not define what “tactical training” is, who can provide such training or what agency might be responsible for monitoring the content of such training.

SB174 – Sen. Smith.  Provides that military personnel released or retired from active, guard or reserve status more than sixty (60) months earlier may qualify for the CCH permit by receiving three (3) hours of instruction on the laws governing the use of lethal force and one (1) hour of instruction on child access prevention.

SB384/Act 384 – Sen. Claitor.  Provides that a person who is required to but has not completed a hunter safety course may still obtain a hunting license provided they are under the direct supervision of a person who is over the age of eighteen (18) and who has completed such a course.

SB473/Act336 – Sen. Long.  Provides that a non-resident veteran of the U.S. armed services may obtain a Louisiana lifetime hunting license for $300 provided they have a service connected disability of 50% or more, that they have a Louisiana birth certificate and that they have proof they had been a Louisiana resident for at least ten (10) years.

SB534 – Sen. Hebert.  Provides that a person who lawfully possesses a firearm may possess or transport such firearm within the boundaries of a state part, state historic site, state preservation area, wildlife management area or wildlife refuge.  Please use caution that you aren’t on a federal site and common sense in all locations.

It went almost down to the wire with the session ending in only six days but the Louisiana Shooting Association’s centerpiece bill has now fully passed the legislative process.  The only thing that could derail this now would be for Gov. Jindal to veto the bill which is not expected to happen.

There were some tense moments as a Senate member tried and was eventually successful in attaching an amendment to the bill, and to its companion SB81, to resolve a very specific problem for a single constituent.  The good news is that the other 30,000 Louisiana concealed carry holders will no longer face the prospect of felony prosecution for inadvertently violating the 1,000′ firearm-free zone around a school they might not even be aware of.  It does NOT allow even CCH permit holders to enter upon school property however.

The law will become effective August 15, 2010, so please observe the zones until then.

And many thanks to Representative Wooton for this and the other firearm bills he has handled this session.

It’s possible the House will vote today (Wednesday) on HB556 which will fix the problem valid concealed carry holders have relative to possible unintentional violations of the 1,000′ firearm-free zone around schools.  The Senate attached an amendment that the House should concur in since they approved the same amendment on SB81.  Keep your fingers crossed.

Sorry for the less than frequent updates this week, my day job that pays the bills has taken more time than usual.  But here is an update of what has taken place since the last posting and what is in the pipeline for next week.  I’m not going to reproduce the summary of each bill, that has been done more than once and can easily be found by scrolling down on this page.

The session ends June 21, 2010 at 6:00 p.m. and I will do a final summary of all bills that went the distance sometime after that.  There are more gun bills than what are addressed in this particular posting, but as nearly all relate to hunting, they expand hunting options and they are expected to pass I’m going to let you use the tools previously discussed in this blog to harvest the information if you are curious.

HB16 – changes the CCH Instructor requirements slightly.  On the Senate floor, one step from passing.

HB60 – would no longer recognize out of state permits as being valid for Louisiana residents.  If you live here, why not be a hero and get the homestate permit where you might actually learn the rules of carry?  On the Senate floor, one step from passing.

HB68 – concealed carry in churches has passed only the House, it is awaiting a hearing in the Senate Judiciary B committee for which it has not yet been scheduled.

HB141 – electronic form filing for certain FFL / Class III transactions.  On the Senate floor, one step from passing.

HB158 – clarifies the time periods before reapplication for a CCH permit when previously revoked or denied.  On the Senate floor, one step from passing.

HB172 – clarifies that electronic sights are acceptable for hunting.  Filed at the LSA’s request, this bill is now effective (law).  Break out the Aimpoints and EoTechs for this fall!!

HB556 – would allow ONLY valid CCH permit holders to enter the 1,000′ “firearms free” zone around schools though they will still be required to remain OFF of school property.  Has cleared the full House and the first Senate committee and is awaiting the full Senate vote.

HB1272 – allows other than conventional ammunition to be used for qualification purposes for the CCH permit.  This should open up other venues for training.  Cleared the full House and is set for hearing in the Senate Judiciary B committee Tuesday, June 2, 2010.

SB81 – Much like HB556 would allow ONLY valid CCH permit holders to enter the 1,000′ “firearms free” zone around schools though they will still be required to remain OFF of school property.  While the bill has cleared both the full Senate and full House, a slight technical problem will force this one into a “conference committee”.  Since the bill was amended on the House side, it still would have required Senate concurrence in the House committtee amendment.  This can be done in a few days once the Senate returns from the holiday weekend.

SB174 – would allow former military service members who have been out of the service greater than five years to qualify for the CCH permit upon completion of a reduced training course focusing on LA law and unauthorized access prevention.   This is an effort to recognize their service experience.  Scheduled for hearing on Thursday, June 3, 2010 in the House Criminal Justice committee.  I expect this one to pass, perhaps with an amendment.

SB534 – would allow possession of a firearm in state parks, WMAs and historic sites.  Cleared the full Senate, scheduled for hearing on Thursday, June 3, 2010 in the House Criminal Justice committee.

The Senate version modifying the 1,000′  “firearm free” zone around schools for CCH permit holders cleared the House Administration of Criminal Justice committee today.  There was one amendment which removed a previous amendment placed on the bill on the Senate floor.  The questions all involved strictly the amendment and the bill left the committee with a unanimous motion to report favorably.

For those interested, the amendment in question would have tinkered with the “felony” language presently in statute and loosened the standards with respect to certain  criminal offenses an applicant could have on their record and still not be disqualified.  The bill must now receive a majority vote on the House floor then return to the Senate for their concurence regarding the removed original amendment. 

I’d consider the stricken amendment bad policy over the long haul as it would allow an applicant to get a CCH with such offenses as “Unlawful presence of a sex offender”, “Identity Theft”, “Criminal Abandonment” and about 20 other offenses.  Probably not the sort of people most of us would feel comfortable having a permit if we are to continue to represent ourselves as trustworthy and reasonable.  Just my opinion……

We are now deep in the legislative cycle with more than five weeks left before they adjourn and we can evaluate the full impact of what they have done in both the firearms world and every other aspect of our lives.  I do encourage you to visit the state’s legislative website and type in a seach term on any area of life you are interested in, insurance, child care, education, etc., and just take a look at what the folks have been up to in the big building here in Baton Rouge.  Just don’t do it on a full stomach.

But on to more of the reason all six of you read this blog, what happened and what is about to happen with respect to firearms this session.  I’m not going to rehash every bill and every move made but instead will touch on the more pressing items:

HB16, changes the requirements of who can teach the CCH courses.  Has cleard the full House and is awaiting hearing in the Senate Judiciary B committee.  LSA endorsed and is expected to have little opposition.

HB42, expands the penalty for possessing and/or discharging of a firearm at or along a parade route from five to ten years for simply possessing and from 10 years to 25 years for discharging it.  Although assigned to the House Administration of Criminal Justice committee, the bill hasn’t been set for a hearing.  Certainly worth a call if you think this is a bit silly and not in furthernce of legitimate law enforcement.

HB60, would require Louisiana residents to wish to carry concealed to obtain a Louisiana CCH permit.  Has cleard the full House , (85 to 10) and is awaiting hearing in the Senate Judiciary B committee.  LSA endorsed and is expected to have little opposition.  As in, you don’t have a FL driver’s license do you?

HB68, would allow concealed carry in chuches only if BOTH of two conditions are met.  One, the person hold a valid CCH permit AND two, that person be approved by the governing board of the church.  After an initial setback this bill has cleared the full House (78 to 18) this week and is awaiting a hearing in the Senate Judicicary B committee.  It cleared that committee last year.  It does not open up the larger CCH population to carrying in church.  Lots of emotion on this subject as may be expected, with less fact and even more speculation but at this point I expect the bill to pass the full legislature.

HB141, electronic filing of certain paperwork required of FFL holders.  Relax kids, this isn’t a stepping stone to gun registration and doesn’t involve most of the transactions the majority of you are involved in.  It actually makes life easier for the licensee and the Louisiana State Police are to be commended for a forward looking, problem solving approach on this one.

HB172, clarifies the use of electronic sights while hunting and would have that match what is in place for archery already.  Has cleard the full House, the Senate Natural Resources committee and only needs to clear the Senate floor.  With a 95 to 0 vote in the House I’m not expecting this one to fail.  LSA requested this bill be filed and our thanks goes out to Rep. Henry for authoring it.

HB556, would allow ONLY concealed carry permit holders to enter the 1,000′ zone around schools and even they have to remain OFF of school property.  I won’t go into the reasons as they have been discussed before at length.  The bill passed the full House by a 96 to 1 vote and has been assigned to the Senate Judiciary B committee.  Keep in mind that the Senate version of the bill, SB81 has also passed its originating chamber (34 to 0)  and is now set for hearing in the  House Criminal Justice committee on Monday, May 17th.  Both of these bills were requested by and endorsed by the LSA. 

With those kinds of votes ordinarily I’d be feeling pretty good about the chances of one or both bills going the distance.  While the colleges continue to express their concerns that a smaller buffer zone might be appropriate for CCH holders they have not turned out in force.  This is a bit unsettling as much like other forms of conflict, sometimes it can be a little too quiet.  In any event, we’ll know Monday how likely the bills are to go the distance.  I will be there to again testify on the bill along with the LSA president and likely law professor Maurice Franks who has long been a staunch 2nd Amendment supporter.

I strongly encourage you to contact your representatives on the House Administration of Criminal Justice committee and urge them to support SB81.  The committee’s contact information can be found a few posts below.  And while you are at it, do say “thanks” to Rep. Wooton and Sen. Martiny for taking up this important and somewhat contentious issue.  It took guts to do that.

SB174, would exempt certain combat veterans from certain portions of the CCH course.  The bill has cleared the Senate Judiciary B committee and is awaiting a hearing by the full Senate.  I expect this bill to pass both chambers though it might still need a bit more tweaking to balance the public safety interest while recognizing the experience and service of the military member.

SB341, would replace the current Wildlife & Fisheries Commission with legislators on both the House and Senate Natural Resources committee.  The bill awaits a hearing by the full Senate.  While clearly there is more to the story than what we can glean from the bill itself, ask youself this question……who do you think is better suited to manage the wildlife resources in Louisiana, the administrators, biologists, technicians and others who have decades of experience in the field or an elected legislator who may be gone in four years?  While the current composition of both legislative committees are made up of some fine folks who do appear to care about the issues one nevertheless is left with the impression this bill is more about a test of wills than legitimate wildlife management.  It’s up to you to decide.

SB534, would allow possession of a firearm on state park lands even during non-hunting seasons.  The bill has cleared the Senate Natural Resources committee and will be heard next week by the full Senate.  A word of caution here, this issue has other requirements when possessing a firearm so don’t take it as a blanket permission.

In closing, please contact the Criminal Justice committee about SB81 by Monday morning.  Those of you that endured my CCH class last week are well versed in this and if you don’t like the idea of being a felon through no fault of your own just because you get out of your car three blocks from a school you can’t even see, you’d better get well informed and engaged on the issue yourself.

SB 534 by Sen. Hebert should be heard in committee next week.  The bill would allow concealed carry within state parks.  The bill has been assigned to the Senate Natural Resources committee.

Senate Bill 81 by Senator Danny Martiny cleared the full Senate today on a vote of 34-0.  This bill would remove the 1,000′ firearm free zone prohibition for CCH permit holders only.  The general public will still have to abide by the 1,000′ zone.  Should the bill pass the House as currently configured CCH permit holders however will still have to remain off of school property.

Things are stranger than usual at the legislature this week as more focus is being put on the oil spill.   Do not take this unanimous vote for granted, the colleges remain concerned that this bill is a stepping stone to guns on campus and with its passage from the Senate it becomes even more of a threat to that perspective.  We may anticipate hardened resistence to the bill going forward.

Below is a listing of the firearm bills that moved Wednesday and last week, all are headed for their first hearing before either the full House or Senate respectively.  I’ve already testified in person and so has the LSA President, Dan Zelenka.  So it is time for YOU people to email and call ALL of your senators and representatives for their support as indicated below since next week will be the first time the majority of them will be exposed to the bills.

We had a very successful day in the House Criminal Administration of Criminal Justice committee on Wednesday getting all of our supported bills approved by the committee but this journey is less than half finished.  Opposition to HB556 and SB81 will continue to mount.

Apparently some of the BayouShooter crowd has discovered you can watch the committee hearings on the Internet through www.legis.state.la.us if you have the stomach for it.  It is not a pretty process though all are entitled to their opinions.  If you watched you got an idea of how the resistance to our centerpiece bills (HB556 & SB81) is shaping up. I’m not here to provide commentary on the various opinions.

While you were on that website, you were also only two clicks away from learning who your own senator or representative was if you aren’t already aware.  It really, really, really is important that the legislators hear from you responsible firearm owners since they are now hearing from the occasionally under-informed opposition.  Just remember the rules when contacting legislators, keep it polite, keep it brief, no personal attacks.  A short email, “Dear Rep. X, I’m a voter in your district and I’d like you to support HB556 during the House vote this week.  Signed, Joe Springfield.”  will work just fine.

HB16 – Rep. Wooton, LSA SUPPORT.  Provides for the certification of concealed handgun permit instructors and limits which NRA courses may be used to those more relevant to personal protection.  Approved unanimously, goes to full House floor now.

HB42 – Rep. Hardy, LSA AGAINST.  Increases penalties for carrying a firearm or discharging a firearm during a parade. The current penalty already provides a meaningful deterrent. This bill was deferred at the author request, that doesn’t mean it’s dead, just deferred.

HB60 – Rep. Wooton, LSA SUPPORT.  Amends concealed handgun permit laws by requiring a Louisiana resident to get the Louisiana permit.  The value of a Louisiana resident actually knowing the law here, and having to demonstrate a minimum level of competency through live fire qualification is good for us all in the long run especially since we are holding ourselves out as exemplary citizens in pursuit of HB556 and SB81.  Approved unanimously, goes to full House floor now.

HB68 – Rep. Burns, LSA NEUTRAL.  Provides with respect to concealed handgun permits allowing those who are BOTH permit holders AND approved by their church’s governing board to carry within the church.  The extension of the permit term to 5 years was withdrawn since that provision would have triggered the need for a 2/3 vote.  It was amended to require notification of the congregation should the church governing authority elect to allow CCH for select congregation members.

The bill was opposed by Representatives Norton, Burrell and Stiaes who shared the concern this would lead to increased violence in church shooting situations by someone actually shooting back at the bad guy and striking a bystander.  Of course without this bill one’s status in that situation changes from “self-defender” to merely “unarmed target”.

HB141 – Rep. Wooton, LSA SUPPORT.  Provides that applications to possess or transfer certain firearms may be filed on approved electronic forms instead of having to file by snail mail.  This is NOT the start of firearm confiscation as some may believe but actually a more efficient way of filing some of the paperwork we (FFL holders) presently submit anyway.  This has no bearing today on CCH permits or the majority of over-the-counter gun sales most of you are familiar with.  Approved unanimously, goes to full House floor now.

HB158 – Rep. Wooton, LSA SUPPORT.  Provides with respect to the issuance of concealed handgun permits by prohibiting CCH permits to those who have had an application denied in the prior year or had a permit revoked in the prior four years or have had an expungement of an offense that would otherwise be disqualifying.  The bill was amended at the request of LSA to clean up the expungement problem we had and limit it to only those offenses which would be disqualifying anyway.  Approved unanimously, goes to full House floor now.

HB348 – Rep. Lorusso, LSA NEUTRAL.  Amends and increases penalties imposed for a convicted felon in possession of a firearm.  The current penalties are already sufficient deterrent.  Deferred until the author could be present.

HB556 – Rep. Wooton, LSA SUPPORT Amends firearm-free zone provisions with respect to concealed handgun permit holders allowing CCH holders within 1,000 feet of a school but they must remain off of school property.  This bill was filed at the request of the LSA.  The bill was opposed by Representatives Norton, Burrell and Stiaes as well as the Louisiana Board of Regents.  Their concern is the bill would allow guns near schools.

The bill picked up the endorsement however of the Louisiana Association of Chiefs of Police and the Louisiana District Attorney’s Association.  Apparently those last two groups don’t feel the 29,400 CCH permit holders represent a threat.  That might be based on the fact that in 16 years over 40,000 Louisiana citizens have held a CCH permit and NONE of them have been charged with a violation of this nature.

HB1260 – Rep. Hazel, LSA NEUTRAL. Removes the authority of a parish sheriff to issue a permit allowing persons convicted of certain felonies to possess a firearm or carry a concealed weapon.  If they are a felon, do you want them possessing a firearm?  Approved unanimously, goes to full House floor now.

HB1272 – Rep. Burns, LSA NEUTRAL.  Authorizes the use of fixed-case marking projectiles for handgun competency training instead of conventional ammunition.  What keeps this from being a “support” bill is the concern by some that less than full ammo training doesn’t convey the same experience, especially to inexperienced shooters as they go through the CCH training course.   But we appreciate Rep. Burns’ consistent support of legitimate firearm owners.  Approved unanimously, goes to full House floor now.

SB81 – Sen. Martiny, LSA SUPPORT.  Amends firearm-free zone provisions with respect to concealed handgun permit holders allowing CCH holders within 1,000 feet of a school but they must remain off of school property.  This bill was filed at the request of the LSA.  The bill was opposed by the Louisiana Board of Regents.  The bill picked up the endorsement however of the Louisiana Association of Chiefs of Police and the Louisiana District Attorney’s Association.  Their concern is the bill would allow guns near schools.  Approved unanimously, goes to full Senate floor now.

Senate Bill 81 (CCH carry within 1,000′ of school) cleared the Senate Judiciary B committee this morning without objection from the committee members though it was clear they were hearing the concerns of higher education that the bill might lead to problems.

HB556, along with the other firearm bills noted in yesterday’s post, will be heard Wednesday morning and is identical.  It would really be helpful for the committee members of the House Administration of Criminal Justice to hear from you, the legitimate firearms owners about how you feel on this bill. 

Remember folks, these bills address the problem a law abiding citizen who has a permit would face should he/she be out of their car, but within 1,000′ of a school they don’t even know about.  Current law makes this a 5 year felony and lack of knowledge of the presence of the school is NOT a defense provided under the existing law.  It also doesn’t matter whether school is in session or not. 

When plotted on a map, these zone cover an average of two to three city blocks.  Do you know what is three blocks away when your car has a flat tire when traveling through a different city?  You’d better if you don’t feel like lending your support to get this bill passed.